Documents are the record of various transactions ; they contain certain terms, conditions, consideration amount,
names of the parties to the transaction, date of the transaction, clear and
complete description of the subject of transaction, so as to make them easily
identified. For example, sale deed of a property contains the origin, flow of the title, present status, names of seller and purchaser, consideration amount,
easementary right and brief description of the property with measurement,
construction and boundaries. They are the permanent records, which are relied
on for generations. Such documents must be legible, clear, readable, free of
error and should not create any doubts or disputes. They reflect the terms of
transaction for which both the parties have freely consented.
At times, some
additions, alterations, cancellations are inevitable, which are noticed at the
time of execution. Any such alterations, cancellations, additions have to be
done before presenting the document for registration. All such modifications
should be authenticated by full signature of all the parties to the documents.
But signature of witness is not necessary for such modifications. Only full
signatures and not initials or short signature should be insisted. For
cancellations, the original words should be neatly struck off, it should be
signed by parties to the document. Erasing fluid should not be used.
Registering authority records such additions, alterations, cancellations page
wise on the document itself. This validates the additions, alterations,
cancellation etc. Any modifications done after registration is not valid and
does not form a part of the document. More over the document itself becomes
invalid. Copies of the registered documents are maintained at registering offices and certified copies issued by such authorities also record on certified copies the number of cancellations, additions and alterations done before registration. They do not contain anything added, deleted, modified
after registration. So proper care should be taken so that all modifications
are done before registration under the full signatures of all the parties to
the transactions. If anything has to be changed after registration a separate
rectification deed has to be executed.
Some documents may
have blanks as the required information will be available only at the time of
execution. Often date of execution is left blank, until the date is finalised.
The details of demand drafts, cheques like number, name of Bank, Branch are
also left blank. All such blanks have to be filled up before presenting the document for registration and should be authenticated by all the parties to the
document or executor under full signature.
Attestation means witnessing the
documents. Certain documents like will, agreement to sale, sale deed require
attestation. Execution of the documents should be witnessed by two persons, who
are major and of sound mind. Both the witnesses should affix their full
signature and should furnish their address. Attestation is not necessary in
case of certain documents.
There are many people who cannot
sign. Thumb impression of such people are taken for execution of documents
instead of signature. Left hand thumb impression (LTM) in case of males and
Right hand Thumb Impressions (RTM) in case of females have to be obtained on
documents for execution. Brief description
"LTM or RTM
of Sri/Smt………………… " has to
be written immediately below the thumb impression. As the persons who affix
thumb impression are illiterate, who cannot read or write, the entire contents
of the documents should be read over and explained to them and a separate note
to that effect has to be annexed to the document preferably signed by an
Advocate.
Thus, the transfern or assignment of right, title and interest over the properly, irrespective of
the nature of transfer, entirely depends upon the deed of conveyance. Any
ambiguity, inadvertent addition or deletion in the deed may give rise to
disputes. Therefore, to avoid any unsavory situations care should be taken
while drafting the property documents.
It is very
important that the transfer or transfers possession of the property in favour of
the transferee. It is not necessary that actual physical possession has to be
handed over to the transferee, but even grant of constructive possession will
transfer and create right and interest over the property in favour of thetransferee
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